COPYRIGHT INDEMNITY. The Licensor shall defend and indemnify the Licensee against any claim that the normal use of the Software infringes the intellectual property rights of any third party, provided that the Licensee: - Immediately notifies the Licensor of any such claim; - Makes no decision or settlement of any claim; - Allows the Licensor to have sole control over all negotiations for its settlement; - Gives the Licensor all reasonable assistance in connection therewith. Should the Licensee be prevented from using the Software by any enforceable court decision, the Licensor shall at its own costs and at its choice either modify the Software to avoid infringement or obtain for the Licensee the right to use the Software.
Appears in 2 contracts
Samples: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD)
COPYRIGHT INDEMNITY. The Licensor shall defend and indemnify the Licensee against any claim that the normal use of the Software infringes the intellectual property rights of any third party, provided that the Licensee: - • Immediately notifies the Licensor of any such claim; - • Makes no decision or settlement of any claim; - • Allows the Licensor to have sole control over all negotiations for its settlement; - • Gives the Licensor all reasonable assistance in connection therewith. Should the Licensee be prevented from using the Software by any enforceable court decision, the Licensor shall at its own costs and at its choice either modify the Software to avoid infringement or obtain for the Licensee the right to use the Software.
Appears in 1 contract
Samples: Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
COPYRIGHT INDEMNITY. The Licensor shall defend and indemnify the Licensee against any claim that the normal use of the Software infringes the intellectual property rights of any third party, provided that the Licensee: - • Immediately notifies the Licensor of any such claim; - • Makes no decision or settlement of any claimclaim without the prior written consent of the Licensor; - • Allows the Licensor to have sole control over all negotiations for its settlement; - • Gives the Licensor all reasonable assistance in connection therewith. Should the Licensee be prevented from using the Software by any enforceable court decision, the Licensor shall at its own costs and at its choice either modify the Software to avoid infringement or obtain for the Licensee the right to use the Software.
Appears in 1 contract
COPYRIGHT INDEMNITY. The Licensor shall defend and indemnify the Licensee against any claim that the normal use of the Software infringes the intellectual property rights of any third party, provided that the Licensee: - Immediately promptly notifies the Licensor of any such claim; - Makes no decision or settlement of any claim; - Allows the Licensor to have sole control over all negotiations for its settlement; - Gives the Licensor all reasonable assistance in connection therewith. APPENDIX A TO CLAUSE 14 Should the Licensee be prevented from using the Software by any enforceable court decision, the Licensor shall at its own costs and at its choice either modify the Software to avoid infringement or obtain for the Licensee the right to use the Software.
Appears in 1 contract
Samples: Purchase Agreement (Tam S.A.)
